Another Victory Over Censorship

July 11, 1986|The Morning Call

"It seems likely that for at least some of the distributors, the concern over having their names published in the commission report compelled them to withdraw the sale and distribution of some of plaintiffs' magazines and books."

- Federal Judge John Garrett Penn

In ordering the Attorney General's Commission on Pornography not to publish a list of stores identified as "involved in the sale or distribution of pornography" as part of its report that was released this week, Judge Penn has struck a blow for fairness and against the misuse of moral zeal and economic blackmail by a quasi-government body.

As stated in a May 28 editorial, the allegations against some of the nation's drugstore chains and booksellers that they peddle pornography came not from the commission but from one of approximately 200 witnesses who testified before the commission. On the basis of this opinion by the Rev. Donald Wildmon, leader of a conservative group that monitors the content of books and magazines sold in the United States, the commission's executive director sent letters to drugstore chains, convenience stores and booksellers. It told retailers that the commission had heard testimony about their alleged dealing in pornographic materials and that unless they responded, the commission would assume that the retailers had no objection to having their names listed in the commission's final report.

The judge ruled that such activity was potentially an unconstitutional "threat" to stores selling adult magazines, including Playboy and Penthouse and other mainstream adult magazines. Further, Judge Penn ordered the commission to send a letter to the retailers who received the original letter, advising them that the initial letter would be withdrawn and that "their names will not be included in the final report as sellers or distributors of pornographic materials."

The court order comes too late to undo the economic and public image damage done to some of the 8,000 retail outlets which have removed Playboy and Penthouse from their shelves since the first of the year, or to compensate the publishers of these magazines for lost sales. But Judge Penn's ruling should put future government-appointed commissions and other pressure groups on notice about the methods they use to coerce retailers into selling only merchandise that passes their own good housekeeping seal of morality.